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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Rules and Regulations
number EPAHQOPPT20210202, is available at https
www.regulations.gov.
Due to the public health concerns related to COVID19, the EPA Docket Center EPA/DC and Reading Room are closed to visitors with limited exceptions. The staff continue to provide remote customer service via email, phone, and webform. For the latest status information on EPA/DC
services and docket access, visit https
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For technical information contact: Cindy Wheeler, Existing Chemicals Risk Management Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
204600001; telephone number: 202
5660484; email address: TSCA-PBTrules@epa.gov.
For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: 202 554
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Executive Summary A. Does this action apply to me?
You may be potentially affected by this action if you manufacture including import, process, distribute in commerce, or use phenol, isopropylated phosphate 3:1 PIP
3:1, or PIP 3:1-containing articles, especially plastic articles that are components of electronics or electrical articles. The following list of North American Industrial Classification System NAICS codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Petroleum Refineries NAICS Code 324110;
All Other Basic Organic Chemical Manufacturing NAICS Code 325199;
Plastics Material and Resin Manufacturing NAICS Code 325211;
All Other Miscellaneous Chemical Product and Preparation Manufacturing NAICS Code 325998;
Machinery Manufacturing NAICS
Code 333;
Air-Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing NAICS Code 333415;
Other Communications Equipment Manufacturing NAICS Code 334290;
Computer and Electronic Product Manufacturing NAICS Code 334;

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Small Electrical Appliance Manufacturing NAICS Code 335210;
Major Household Appliance Manufacturing NAICS Code 335220;
Motor and Generator Manufacturing NAICS Code 335312;
Switchgear and Switchboard Apparatus Manufacturing NAICS Code 335313;
Relay and Industrial Control Manufacturing NAICS Code 335314;
Other Communication and Energy Wire Manufacturing NAICS Code 335929;
Current-carrying Wiring Device Manufacturing NAICS Code 335931;
Transportation Equipment Manufacturing NAICS Code 336;
Musical Instrument Manufacturing NAICS Code 339992;
All Other Miscellaneous Manufacturing NAICS Code 339999;
Other Chemical and Allied Products Merchant Wholesalers NAICS
Code 424690;
Motor Vehicle and Parts Dealers NAICS Code 441;
All Other Home Furnishings Stores NAICS Code 442299;
Electronics and Appliance Stores NAICS Code 443;
Building Material and Garden Equipment and Supplies Dealers NAICS Code 444;
Research and Development in the Physical, Engineering, and Life Sciences NAICS Code 541710.
B. What is the Agencys authority for taking this action?
1. Toxic Substances Control Act TSCA. TSCA section 6h, 15 U.S.C.
2605h, directs EPA to take expedited action on certain persistent, bioaccumulative, and toxic PBT
chemical substances. For chemical substances that meet the statutory criteria, EPA is directed to issue final rules that address the risks of injury to health or the environment that the Administrator determines are present and to reduce exposure to the substances to the extent practicable. In response to this directive, EPA
identified PIP 3:1 as meeting the TSCA
section 6h criteria and issued a final rule for PIP 3:1 on January 6, 2021
Ref. 1. The January 2021 final rule prohibits the processing and distribution of PIP 3:1, PIP 3:1containing products, and PIP 3:1containing articles, with specified exclusions; prohibits or restricts the release of PIP 3:1 to water during manufacturing, processing, distribution, and commercial use; requires persons manufacturing, processing, and distributing in commerce PIP 3:1 and products containing PIP 3:1 to notify
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their customers of these prohibitions and restrictions and to keep records.
Several different compliance dates were established, the first of which was March 8, 2021, after which processing and distribution of PIP 3:1, PIP 3:1containing products, and PIP 3:1containing articles were prohibited unless an alternative compliance date or exclusion was otherwise provided. With the obligation to promulgate these rules, the Agency also has the authority to amend them if circumstances change, including in relation to the receipt of new information and in relation to compliance deadlines established under TSCA section 6d. It is well settled that EPA has inherent authority to reconsider, revise, or repeal past decisions to the extent permitted by law so long as the Agency provides a reasoned explanation. See FCC v. Fox Television Stations, Inc., 556 U.S. 502, 515 2009. Here, as explained further in Unit I.D., based on information submitted by regulated entities since the publication of the final rule in January 2021, the Agency has determined that a limited extension to certain PIP 3:1
revised compliance dates is appropriate and necessary to address comments that the original compliance dates were not practicable and did not provide adequate transition time because they would have caused extensive harm to the economy and public due to unavailability of critical goods and equipment. This limited extension to the referenced compliance dates is intended to allow EPA additional time to consider how best to approach the concerns raised in comments seeking longer term extensions.
2. Administrative Procedure Act APA. APA section 553d, 5 U.S.C.
553d, provides that the publication of a substantive rule must occur no later than 30 days before its effective date, with certain exceptions. The purpose of this provision is to give affected parties a reasonable time to adjust their behavior before the final rule takes effect. See Omnipoint Corp. v. Fed.
Commcn Commn, 78 F.3d 620, 630
D.C. Cir. 1996; see also United States v. Gavrilovic, 551 F.2d 1099, 1104 8th Cir. 1977 quoting legislative history.
Of relevance here, APA section 553d1, 5 U.S.C. 553d1, provides that final rules shall not become effective until 30 days after publication in the Federal Register except . . . a substantive rule which grants or recognizes an exemption or relieves a restriction. However, when the agency grants or recognizes an exemption or relieves a restriction, affected parties do not need a reasonable time to adjust
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